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(영문) 서울서부지방법원 2017.07.13 2017노571

사기등

Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal that the court below rendered against the defendant (one year and six months of imprisonment) is improper because it is too unfasible.

2. The instant Bosing crime is a crime in which many and unspecified people in a systematic and professional manner by sharing their roles, and is highly harmful to the victims and society, and the Defendant is in charge of the role of the staff of the call center directly and actively deceiving the victims, and the degree of their participation is not easy, and the victims’ damage has not been completely recovered.

However, in full view of all the circumstances that led to the Defendant’s confession and reflect on the instant crime, that the gains that the Defendant actually acquired by the said crime are merely a part of the total amount of defraudation, that is, equity in the punishment among accomplices, and other circumstances that form the conditions for sentencing specified in the instant argument, the sentence of the lower court is deemed appropriate, and it cannot be deemed that it is too unreasonable as it is too uneasible.

3. In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act, since all of the appeals are without merit. It is so decided as per Disposition.